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UNITED STATES v. SHULTZ

Nos. C-6512, C-6469, C-6518, C-6494, C-6489.

3 F.Supp. 273 (1933)

UNITED STATES v. SHULTZ. SAME v. MENDOZA. SAME v. McGUIRE. SAME v. BURNS et al. SAME v. MILLS et al.

District Court, D. Arizona.

April 11, 1933.

Attorney(s) appearing for the Case

John C. Gung'l, U. S. Atty., and Clarence V. Perrin and R. C. Parnell, Asst. U. S. Attys., all of Tucson, Ariz.

Frank E. Thomas, of Bisbee, Ariz., for defendants Shultz and Mendoza.

Harry O. Juliani, of Tucson, Ariz., for defendant McGuire.

John L. Van Buskirk, of Tucson, Ariz., for defendants Burns and another.

E. T. Cusick, of Tucson, Ariz., for defendants Mills and others.

SAMES, District Judge.

In each of these cases the prohibition officers, without permission and without search warrants, entered private dwellings and seized apparatus and materials for the distillation of alcoholic liquors.

In the Shultz case, the officers, while on a public street and on a vacant lot, detected odors of mash from the defendant's premises. After he entered his basement, the odor became more pronounced, and to quote one of the officers: "We...

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